80 FR 32203 - Watco Holdings, Inc.-Continuance in Control Exemption-Lubbock and Western Railway, L.L.C.

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range		32203-32203
FR Document		2015-13794

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)

[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Page 32203]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13794]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35933]


Watco Holdings, Inc.--Continuance in Control Exemption--Lubbock 
and Western Railway, L.L.C.

    Watco Holdings, Inc. (Watco), a noncarrier, has filed a verified 
notice of exemption pursuant to 49 CFR 1180.2(d)(2) to continue in 
control of Lubbock and Western Railway, L.L.C. (LWR), upon LWR's 
becoming a Class III rail carrier. Watco owns, indirectly, 100 percent 
of the issued and outstanding stock of LWR, a limited liability 
company.
    This transaction is related to a concurrently filed verified notice 
of exemption in Lubbock & Western Railway--Acquisition & Operation 
Exemption--West Texas & Lubbock Railway, Docket No. FD 35932, wherein 
LWR seeks Board approval (1) to acquire and operate approximately 9.5 
miles of rail line and to lease approximately 134.75 miles of rail line 
from West Texas and Lubbock Railway Company, Inc., and West Texas and 
Lubbock Railroad Company, Inc. (WTLR), between specified points in 
Texas; and (2) to acquire by assignment approximately 5 miles of 
trackage rights that WTLR currently has over BNSF Railway Company's 
line between Canyon Jct., and Broadview, Tex.
    The transaction may be consummated on or after June 20, 2015, the 
effective date of the exemption (30 days after the notice of exemption 
was filed).
    Watco is a Kansas corporation that currently controls, indirectly, 
30 Class III rail carriers and one Class II rail carrier, collectively 
operating in 22 states. For a complete list of these rail carriers, and 
the states in which they operate, see Watco's notice of exemption filed 
on May 21, 2015. The notice is available on the Board's Web site at 
``www.stb.dot.gov.''
    Watco represents that: (1) The rail lines to be operated by LWR do 
not connect with any of the rail lines operated by the carriers in the 
Watco corporate family; (2) the continuance in control is not a part of 
a series of anticipated transactions that would result in such a 
connection; and (3) the transaction does not involve a Class I carrier. 
Therefore, the transaction is exempt from the prior approval 
requirements of 49 U.S.C. 11323. See 49 CFR 1180.2(d)(2).
    Watco states that the purpose of the transaction is to reduce 
overhead expenses, coordinate billing, maintenance, mechanical, and 
personnel policies and practices of its rail carrier subsidiaries, and 
thereby improve the overall efficiency of rail service provided by the 
railroads in the Watco corporate family.
    Under 49 U.S.C. 10502(g), the Board may not use its exemption 
authority to relieve a rail carrier of its statutory obligation to 
protect the interests of its employees. Because the transaction 
involves the control of one Class II and one or more Class III rail 
carriers, the transaction is subject to the labor protection 
requirements of 49 U.S.C. 11326(b) and Wisconsin Central Ltd.--
Acquisition Exemption--Lines of Union Pacific Railroad, 2 S.T.B. 218 
(1997).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed by June 12, 2015 (at least 
seven days before the exemption becomes effective).
    An original and 10 copies of all pleadings, referring to Docket No. 
FD 35933, must be filed with the Surface Transportation Board, 395 E 
Street SW., Washington, DC 20423-0001. In addition, a copy of each 
pleading must be served on Karl Morell, 655 Fifteenth Street NW., Suite 
225, Washington, DC 20005.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: June 2, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-13794 Filed 6-4-15; 8:45 am]
 BILLING CODE 4915-01-P

Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Notices 32203

includes agency requirements that operate, see Watco’s notice of DEPARTMENT OF TRANSPORTATION
persons submit reports, keep records, or exemption filed on May 21, 2015. The
provide information to the agency, third notice is available on the Board’s Web Surface Transportation Board
parties, or the public. Under site at ‘‘www.stb.dot.gov.’’ [Docket No. FD 35930]
§ 3506(c)(2)(A) of the PRA, Federal Watco represents that: (1) The rail
agencies are required, prior to lines to be operated by LWR do not Texas New Mexico Railway, L.L.C.—
submitting a collection to OMB for connect with any of the rail lines Acquisition and Operation
approval, to provide a 60-day notice and operated by the carriers in the Watco Exemption—Austin & Northwestern
comment period through publication in corporate family; (2) the continuance in Railroad Company, Inc.
the Federal Register concerning each control is not a part of a series of
proposed collection of information, anticipated transactions that would Texas New Mexico Railway, L.L.C.
including each proposed extension of an result in such a connection; and (3) the (TNMR),1 a noncarrier, has filed a
existing collection of information. transaction does not involve a Class I verified notice of exemption under 49
carrier. Therefore, the transaction is CFR 1150.31 to acquire from Austin &
Dated: June 1, 2015. Northwestern Railway Company, Inc.
exempt from the prior approval
Jeffrey Herzig, (ANR), and to operate, approximately
requirements of 49 U.S.C. 11323. See 49
Clearance Clerk.
CFR 1180.2(d)(2). 104.191 miles of rail line between
[FR Doc. 2015–13705 Filed 6–4–15; 8:45 am] Watco states that the purpose of the milepost 0.079 at Monahans, Tex., and
BILLING CODE 4915–01–P transaction is to reduce overhead milepost 104.27 at Lovington, NM.
expenses, coordinate billing, This transaction is related to a
maintenance, mechanical, and concurrently filed verified notice of
DEPARTMENT OF TRANSPORTATION personnel policies and practices of its exemption in Watco Holdings, Inc.—
rail carrier subsidiaries, and thereby Continuance in Control Exemption—
Surface Transportation Board Texas New Mexico Railway, Docket No.
improve the overall efficiency of rail
FD 35931, wherein Watco Holdings,
[Docket No. FD 35933] service provided by the railroads in the
Inc., seeks Board approval under 49 CFR
Watco corporate family.
Watco Holdings, Inc.—Continuance in Under 49 U.S.C. 10502(g), the Board 1180.2(d)(2) to continue in control of
Control Exemption—Lubbock and may not use its exemption authority to TNMR, upon TNMR’s becoming a Class
Western Railway, L.L.C. relieve a rail carrier of its statutory III rail carrier.
TNMR states that the agreement
Watco Holdings, Inc. (Watco), a obligation to protect the interests of its
between TNMR and ANR does not
noncarrier, has filed a verified notice of employees. Because the transaction
contain any provision that prohibits
exemption pursuant to 49 CFR involves the control of one Class II and
TNMR from interchanging traffic with a
1180.2(d)(2) to continue in control of one or more Class III rail carriers, the
third party or limits TNMR’s ability to
Lubbock and Western Railway, L.L.C. transaction is subject to the labor
interchange with a third party.
(LWR), upon LWR’s becoming a Class III protection requirements of 49 U.S.C. The transaction is expected to be
rail carrier. Watco owns, indirectly, 100 11326(b) and Wisconsin Central Ltd.— consummated on or after the effective
percent of the issued and outstanding Acquisition Exemption—Lines of Union date of the exemption.
stock of LWR, a limited liability Pacific Railroad, 2 S.T.B. 218 (1997). TNMR has certified that this
If the verified notice contains false or transaction will not result in TNMR’s
company.
misleading information, the exemption becoming a Class II or Class I rail
This transaction is related to a
is void ab initio. Petitions to revoke the carrier. Because TNMR’s projected
concurrently filed verified notice of
exemption under 49 U.S.C. 10502(d) annual revenues will exceed $5 million,
exemption in Lubbock & Western
may be filed at any time. The filing of TNMR certified to the Board on May 19,
Railway—Acquisition & Operation
a petition to revoke will not 2015, that it had complied with the
Exemption—West Texas & Lubbock
automatically stay the effectiveness of requirements of 49 CFR 1150.32(e) on
Railway, Docket No. FD 35932, wherein
the exemption. Petitions for stay must May 18, 2015, by providing notice to
LWR seeks Board approval (1) to acquire
be filed by June 12, 2015 (at least seven employees on the affected line.2 Under
and operate approximately 9.5 miles of
days before the exemption becomes 49 CFR 1150.32(e), this exemption
rail line and to lease approximately
effective). cannot become effective until 60 days
134.75 miles of rail line from West An original and 10 copies of all
Texas and Lubbock Railway Company, after the requirements of that section
pleadings, referring to Docket No. FD have been satisfied (here, July 18, 2015).
Inc., and West Texas and Lubbock 35933, must be filed with the Surface
Railroad Company, Inc. (WTLR), If the notice contains false or
Transportation Board, 395 E Street SW., misleading information, the exemption
between specified points in Texas; and Washington, DC 20423–0001. In
(2) to acquire by assignment is void ab initio. Petitions to revoke the
addition, a copy of each pleading must exemption under 49 U.S.C. 10502(d)
approximately 5 miles of trackage rights be served on Karl Morell, 655 Fifteenth
that WTLR currently has over BNSF may be filed at any time. The filing of
Street NW., Suite 225, Washington, DC a petition to revoke will not
Railway Company’s line between 20005.
Canyon Jct., and Broadview, Tex. automatically stay the effectiveness of
Board decisions and notices are the exemption. Petitions for stay must
The transaction may be consummated available on our Web site at
on or after June 20, 2015, the effective be filed no later than July 10, 2015 (at
asabaliauskas on DSK5VPTVN1PROD with NOTICES

www.stb.dot.gov. least seven days before the exemption
date of the exemption (30 days after the
notice of exemption was filed). Decided: June 2, 2015. becomes effective).
Watco is a Kansas corporation that By the Board, Rachel D. Campbell, An original and 10 copies of all
currently controls, indirectly, 30 Class Director, Office of Proceedings. pleadings, referring to Docket No. FD
III rail carriers and one Class II rail Brendetta S. Jones,
1 TNMR is a new, wholly owned, subsidiary of
carrier, collectively operating in 22 Clearance Clerk.
Watco Holdings, Inc.
states. For a complete list of these rail [FR Doc. 2015–13794 Filed 6–4–15; 8:45 am] 2 In its May 19 letter to the Board, TNMR stated

carriers, and the states in which they BILLING CODE 4915–01–P that there are no union employees at ANR.

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Document Created: 2015-12-15 15:20:54
Document Modified: 2015-12-15 15:20:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 32203

80 FR 32203 - Watco Holdings, Inc.-Continuance in Control Exemption-Lubbock and Western Railway, L.L.C.

DEPARTMENT OF TRANSPORTATIONSurface Transportation Board

Federal Register Volume 80, Issue 108 (June 5, 2015)

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board